Orissa High Court
Tata Aig General Insurance ... vs Subash Chandra Sahoo And Others on 8 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.370 of 2022
(From judgment dated 25th July, 2022 of learned Commissioner for
Employee's Compensation-cum-Divisional Labour Commissioner,
Cuttack passed in EC Case No.102-D of 2019)
Tata AIG General Insurance Company
Ltd., represented through its Vice
President, Zone Head Claims. .... Appellant
-versus-
Subash Chandra Sahoo and Others .... Respondents
Advocate(s) appeared in this case:-
For Appellant : Mr. Avijit Patnaik, Advocate
For Respondents : Mr. P.K. Mishra, counsel for
Respondent No.1
Mr. K.K. Das, ASC for Respondent
No.3
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
th
8 February, 2023
B.P. Routray, J.
1. The matter is taken up through hybrid mode.
2. Heard Mr. A. Patnaik, learned counsel for the insurer -
Appellant, Mr. P.K. Mishra, learned counsel for injured - claimant and
Mr. K.K. Das, learned Additional Standing Counsel for Respondent
No.3.
3. Present appeal by the insurer is directed against impugned
judgment dated 25th July, 2022 of learned Commissioner for
Employee's Compensation-cum-Divisional Labour Commissioner,
Cuttack passed in EC Case No.102-D of 2019, wherein compensation
to the tune of Rs.10,94,836/- (including interest) has been granted on
account of injuries sustained by the injured - claimant arising out of
and in course of his employment as driver of Bus bearing registration
number OD 02X 5266.
4. The sole dispute is between the insurer and State - Respondent
is owing to liability.
5. Mr. Patnaik, learned counsel for the Appellant submits that the
vehicle was relieved from election duty at 3.40 am on 12th April, 2019
and the accident took place at 1.10 am on the same day. It is therefore
contended by Mr. Patnaik that the insurer is not liable to indemnify
the compensation amount, but the state is liable to pay the same.
6. Mr. Das, learned ASC on the other hand submits that till the
vehicle was relieved by the Sub-Collector from election duty, no such
intimation was given to him regarding meeting of accident by the
claimant-driver and as such, it is presumable that the accident took
place after the vehicle was relieved from election duty. So the state is
not liable to pay the compensation amount.
7. The facts of the case are that, the injured - claimant is the driver
of the bus bearing registration number OD 02X 5266. The bus was
taken on requisition by the Sub-Collector, Gunpur along with the
driver, namely Subash Chandra Sahoo for election duty on 8th April
2019. The election was completed on 11th April, 2019 and thereafter
taking the polling party it returned to the office of Sub-Collector,
Gunpur. After the polling party got down from the bus, the driver also
got down and thereafter was suddenly attacked by one stray bull. The
injured driver fell down in a drain sustaining injuries. Accordingly,
learned Commissioner upon adjudication of the claim raised under the
Employee's Compensation Act, has directed for payment of aforesaid
compensation amount in favour of the injured. The Commissioner by
holding that the vehicle was validly insured with the Appellant has
directed the insurer to indemnify the compensation amount on behalf
of the owner.
8. At the outset it needs to be mentioned that the employment of
the injured as driver of the bus, sustenance of injuries by him while
employed as such is not disputed. Taking of the bus by the Sub-
Collector on requisition for election duty on 8th April, 2019 is also not
disputed. The fact of reliving the bus along with the driver at 3.40 am
on 12th April, 2019 from election duty is also not disputed. The same
is rather substantiated from the copy of relive order issued by the Sub-
Collector, as produced by Mr. Patnaik in course of hearing. So the
only dispute remains regarding the time of accident, whether it is
before the vehicle was relived from election duty or after that.
9. Law is well settled that the State is liable to pay the
compensation amount if the accident has taken place during the
requisition period. The Supreme Court in the case of National
Insurance Co. Ltd. v. Deepa Devi and Others, (2008) 1 SCC 414
have held that where the motor vehicle was requisitioned under a
statute by the statutory authority and accident occurred while the
vehicle remained under continued requisition, the State and not the
registered owner nor the insurer, is liable to pay compensation.
10. Now coming to present dispute, it is the consistent case of the
claimants that the accident took place at 1.10 am on 12th April, 2019.
P.W.1, the injured has stated the same categorically in his evidence. In
his cross-examination, the same is also confirmed and unfortunately
nothing has been asked to him to dispute the time of accident. The
Sub-Collector did not choose to cross-examine said P.W.1. The
statement of the injured - P.W.1 has been corroborated by the owner
of the bus as O.P.W.1. In these circumstances when the materials and
evidences are overwhelming to suggest that the accident took place at
1.10 am, i.e. prior to the bus was relieved from election duty, it is
established that the accident took place while the bus along-with
driver were on election duty being requisitioned by the Sub-Collector,
Gunpur. Therefore, as per the settled proposition, the state is liable to
pay the compensation amount. Accordingly the insurance company is
exonerated from its liability.
11. No challenge is advanced with regard to the quantum of
compensation amount or any such ineligibility on the part of the
injured to receive the same. Therefore, no merit is seen to interfere
with the impugned award.
12. In the result the appeal is allowed. The Appellant - insurer is
absolved of its liability and the direction of the learned Commissioner
to that effect is set aside. It is held that the Sub-Collector, Gunpur is
liable to pay the compensation amount. Thus, the Sub-Collector,
Gunpur is directed to deposit the entire compensation amount as
directed by learned Commissioner within a period of four months
from today, which shall be disbursed in favour of the injured claimant.
Failing to deposit the compensation amount within the stipulated time,
the claimant is at liberty to proceed for execution under appropriate
provision of law and in such event, the Sub-Collector shall pay
interest @ 12% per annum from the date of default till the date of
realization.
13. The copies of depositions and documents as produced by Mr.
Patnaik are kept on record.
14. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda, Sr. Steno
